how can a disability lawyer help you win your ssi hearing ?

Full Answer

Why do I need a lawyer for my disability hearing?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers.

How a disability lawyer can help you win a social security case?

How a Disability Lawyer Can Help You Win Social Security Disability or SSI. The best strategy for winning a Social Security or SSI case is hiring a lawyer to assist with your claim. Disability attorneys have experience and knowledge of the process, and that is critical to winning these often times complicated cases.

What happens when I first call a disability attorney?

What Happens When I First Call a Disability Attorney? When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case.

How do I prepare for a Social Security disability hearing?

When preparing for a disability hearing, an attorney will frequently receive hundreds of pages of medical records, many of which have nothing to do with your impairment. Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security.

What are the odds of winning a Social Security disability hearing?

Unfortunately, your odds are even lower for getting your benefits approved on the first appeal—about 12%. If you move on to the next level of appeal, which involves a hearing before an administrative law judge (ALJ), your chances for approval increase significantly—more than 55%.

How do you win an appeal for SSI?

7 Tips for How to Win a Disability Reconsideration AppealFile a Timely Appeal. ... Submit the Right Paperwork. ... Draft an Effective Appeals Letter. ... Provide Additional Medical Evidence. ... Be Honest and Transparent. ... Get a Written Opinion From Your Doctor. ... Hire a Reliable Attorney.

How can I speed up my disability hearing?

Requesting an Expedite of the Hearing Based on Dire Need If your financial situation has declined so severely that you do not have the money to meet your basic living needs, you can request a “Dire Need” letter to the SSA's ODAR. If the SSA agrees that you are in dire need, your appeals hearing will be expedited.

How do you answer an ALJ question?

Most important is that you directly answer your ALJ's questions about your case to the best of your abilities. You may also have questions about aspects of your case that might be regarded negatively by the ALJ. Don't panic, be honest, and make sure that you've gone over your case for these types of facts.

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

How do you write a successful appeal letter for disability?

Writing the Disability Appeal LetterIndicate Your Name and Claim Number at the Top. ... Point Out Any Mistakes or Oversights. ... Supply Missing Medical Information. ... Attach Medical Records or Any Additional Evidence. ... Stick to the Point. ... Be as Detailed as Possible. ... Be Polite and Professional.

How can I survive waiting on disability?

While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

Does SSDI pay back pay?

If your SSDI application does take longer than 5 months to process, you will be awarded back pay and/or retroactive pay for up to 12 months. Back pay covers any time between your application, otherwise known as the EOD.

What should I say in a disability interview?

Prepare for Your Disability Interview with These 6 QuestionsDates, addresses and contact information of your previous employment. ... Information on Doctors and Medication. ... Household information. ... Supplemental Security Income (SSI) ... Current Living Situation. ... Sources of Income. ... A Number of Assets You Own. ... Written Statements.

Do you call an ALJ Your Honor?

Be respectful of the administrative process, and address the Administrative Law Judge as “Your Honor” , “Judge”, or “Mr. or Ms….” but do not address the Judge by his or her first name or as a “hearing officer”. 2.

What kind of questions does disability ask?

Questions You Should Expect To Be Asked During A Social Security Disability HearingWhat is your formal education?Do you have any vocational training?Are you currently working?What was your last job and what were your job responsibilities?Have you tried working since you became disabled?More items...

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...

How Will My Attorney Help Me Get Ready For My Hearing?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...

Will My Attorney Arrange Witnesses For Me?

The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

How to contact a lawyer about a disability claim?

This is all we do. 1- (804)-733-3100. (We do not charge anything to review a claim.)

How many steps are there to get a disability?

There are five steps in the process to being awarded Social Security Disability; initial application, reconsideration, hearing, appeals council, and federal court. If you are reading this, you’ve likely made it to the hearing level. Here are some universal concepts for putting your best foot forward and making the most compelling case that you can:

What percentage of the population in Alabama is on disability?

For example, in Alabama, 8.5% of the population is on Social Security Disability while in neighboring Georgia, only 4.8% of the population is on Disability. The reason for this is the Agency’s culture within each jurisdiction and within each region. Some Agencies are more liberal/compassionate and other jurisdictions are more conservative/tight.

What does it mean to have a record without doctor appointments?

A record devoid of doctor appointments is a losing record. The ALJ will simply conclude that if you were not treating your condition, you were not hurting or your impairments were not very severe. This argument isn’t logically sound – but they reach this conclusion ALL THE TIME.

What is a good disability lawyer?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers. To learn how a disability lawyer handles other aspects of your case and appeal hearing, ...

What to ask your doctor for in a disability appeal?

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence. In preparing to represent you in a disability appeal hearing, your attorney will want you to answer some detailed questions about your symptoms and limitations.

What happens if an ALJ misleads an attorney?

If your attorney attempts to cover-up the evidence or mislead the ALJ about its importance, both you and your attorney's credibility will be damaged.

What does an attorney do with medical records?

Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security. Because of their heavy caseloads, administrative law judges (ALJ) do not have the time to sift through hundreds of pages of documents to determine what is relevant and what isn't.

Is Social Security giving more weight to doctors?

In the past, Social Security had to give more weight to the opinions of treating doctors who have treated you for a period of time, who know your medical history, and are supportive of your disability claim. As of March 27, 2017, this is no longer true.

Can you do less than sedentary work?

When trying to prove that you can do what Social Security calls "less than sedentary work," your attorney will need medical evidence to prove that you have certain functional limitations, like not being able to lift ten pounds or needing to lie down frequently during the day .

Can medical records be harmful to disability?

It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

What is an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

What is grid in SSA?

The grid is a system developed by the SSA to decide if a person is able to work based on the highest exertion level of the job he or she can perform (sedentary work, light work, or medium work), along with the applicant's age and education level.

How to prove you are not capable of sedentary work?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs.

Can you testify about your disability?

The SSA allows you to bring a witness to testify about your disability , but because witnesses can be harmful or helpful, your attorney will decide if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

Can an attorney judge you?

Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share.

Hire an Attorney Who Understands the Hearing Process

The Social Security Administration judges claims in a unique and esoteric manner. For someone new to dealing with the SSA, such as a first-time applicant, the process can seem complex and overwhelming, and the SSA’s decisions can seem arbitrary.

Request Your Case File From the Social Security Administration

You have the right to request a copy of your entire disability case file from the SSA before your hearing. This file provides you and especially your attorney with valuable information to review before your hearing.

Make Sure Your Medical Evidence is Up to Date

The SSA is required to notify you of your hearing date at least 75 days ahead of time. Once you receive notice of your hearing date, you should contact your doctor and any specialists from whom you have received treatment and request up-to-date medical records. With 75 days to do so, you should not have any issues with this.

Ask Your Doctor to Write a Supportive Statement

A personal statement from your doctor offers a powerful piece of evidence detailing how your condition affects you on a daily basis.

For Help Preparing for Your Social Security Disability Hearing, Call the Disability Advantage Group, at 865-566-0800 for a Free Case Evaluation

The attorneys at the Disability Advantage Group, can help you have a successful Social Security Disability hearing. We want to give you the best chance of winning the benefits you deserve. To schedule a free case evaluation, call our office today at 865-566-0800.

What can a disability lawyer do?

Although disability lawyers work on a contingency fee basis and are only paid if you win, if you think you can win without a lawyer it would be a waste of money to hire one. The main consideration is whether or not you can effectively perform the tasks that disability lawyers generally do and win your case on your own.

Limitations of the disability lawyer

Whether or not you win your SSDI or SSI case can be based on many factors, many of which are not under the control of the disability lawyer. The disability lawyer cannot, therefore, guarantee any type of outcome.

In conclusion

Considering whether or not you will get an automatic approval by hiring a SSDI or SSI lawyer should be only one consideration before determining whether or not to hire one.

Can you win disability without a lawyer?

Here are some things you need to know if you decide to brave the Social Security process without a disability lawyer . Although the Social Security Administration (SSA) doesn’t require you to hire an attorney , statistics show that you are much more likely to be approved if you are represented.

How do you win a Social Security hearing?

The following tips can help you win your SSD hearing : Hire an Experienced Social Security Disability Attorney. Make Sure You Attend the Hearing . Appearances Matter. Familiarize Yourself With Your Case and Medical Records. Don’t Minimize Your Disability.

What are the chances of winning a disability hearing with a lawyer?

In fact, research shows that only 34 percent of those who do not hire an attorney are ultimately approved for disability benefits, but 60 percent of those who do hire an attorney are ultimately approved. This leaves over half of the claimants who asked for a hearing before an ALJ without benefits.

Do I need a lawyer for my SSI hearing?

While you are not required to have a lawyer at a Social Security Disability hearing , your chances of winning improve if you do . You are not required to hire an attorney to assist you at your disability hearing ; however, an experienced disability attorney will greatly improve your chances of winning your claim.

How do you win a disability case?

Tips for Winning Your Social Security Disability Hearing Hire a Qualified Disability Lawyer or Advocate. Do Whatever It Takes to Get There. Understand That Appearances Matter. Keep in Contact with Your Lawyer. Do Not Minimize the Effects of Your Disability . Additional Resources.

What should you not tell a disability doctor?

The last thing you want to do during a Disability medical exam is exaggerate your condition. Don’t say you have pain “everywhere” or try and make your condition look worse than it really is. The doctor and staff will observe you arriving at the office, entering the exam room, and getting on and off the table.

What can you not say at a Social Security hearing?

You must also be specific when describing your limitations. For example, if the ALJ asks you how long you can sit, don’t say “for just a little while,” state “30 minutes,” or ” one hour,” or however long it is you can sit without pain.

Can you shop for judges?

Lastly, since you cannot shop for judges and can look into their approval rates and other statistics, it might be beneficial if you work with a disability attorney to work with you on your case and remedy any weak points according to the expected evaluation by your attorney (about the judge).

Can a disability attorney guess if a case is approved?

If you have a disability attorney handling your case they might be able to quickly guess whether your disability case would be approved on not based on their experience with disability cases, they may know the reputation and temperament of the judge.

Can you change your disability hearing to in person?

Even when you have been scheduled for a video teleconferencing disability hearing and if you, for some reason, change it to an in-person disability hearing, even then your judge will be kept the same to maintain transparency in your case.

What to Expect When You First Contact a Disability Lawyer

When you first reach out to a disability attorney to receive their representation, there will be an interview completed so that legal professionals can gather basic information in regards to your case.

How an Experienced Disability Lawyer Will Help to Develop Your Case

The attorney you were directly working with or a staff member of the law firm will ask you for any medical records that you have that will support your claim. Once they have gathered all of the medical documentation and records if they have asked for, they will send them into the Social Security Administration.

How a Disability Lawyer Will Prepare You for Your Hearing

If your disability benefits claim is denied, your lawyer will help you to prepare for a Social Security benefits disability hearing. Your lawyer will guide you on what to do with any bad evidence that could potentially damage your chances of being approved for social security benefits.

Understanding Why You Should Hire a Disability Lawyer to Fight for You

Working with an experienced disability lawyer will help to increase your chances of winning your disability claim. Your legal professional will figure out the best way for you to win your case.